{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1795","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1795","heading":"Impermissible occupation","body":"A. As used in this section, the term \"alien\" means any person\n\nnot a citizen or national of the United States.\n\nB. A person commits an impermissible occupation if the person\n\nis an alien and willfully and without permission enters and remains\n\nin the State of Oklahoma without having first obtained legal\n\nauthorization to enter the United States.\n\nC. 1. Any person found to have committed an impermissible\n\noccupation pursuant to the provisions of subsection B of this\n\nsection and who enters this state without having obtained the legal\n\nauthorization to enter the United States shall, upon conviction, be\n\nguilty of a misdemeanor punishable by imprisonment in the county\n\njail for a term of not more than one (1) year, or by a fine of not\n\nmore than Five Hundred Dollars ($500.00), or by both such fine and\n\nimprisonment. In addition, the person shall be required to leave\n\nthe state within seventy-two (72) hours following his or her\n\nconviction or release from custody, whichever comes later.\n\n2. Any second or subsequent offense for an impermissible\n\noccupation pursuant to the provisions of subsection B of this\n\nsection, or any such offense committed during the commission of any\n\nother crime shall, upon conviction, be guilty of a felony punishable\n\nby imprisonment in the custody of the Department of Corrections for\n\na term of not more than two (2) years, or by a fine of not more than\n\nOne Thousand Dollars ($1,000.00), or by both such fine and\n\nimprisonment. In addition, the person shall be required to leave\n\nthe state within seventy-two (72) hours following his or her\n\nconviction or release from custody, whichever comes later.\n\nD. Any alien who has been denied admission, excluded, deported,\n\nor removed, or has departed the United States while an order of\n\nexclusion, deportation, or removal is outstanding, and thereafter\n\nenters, attempts to enter, or is at any time found in Oklahoma\n\nshall, upon conviction, be guilty of a felony and shall be punished\n\nin accordance with the provisions set forth in paragraph 2 of\n\nsubsection C of this section, unless:\n\n1. Prior to reembarkation of the alien at a place outside the\n\nUnited States or application by the alien for admission from a\n\nforeign contiguous territory, the United States Attorney General has\n\nexpressly consented to such alien's reapplying for admission; or\n\n2. With respect to an alien previously denied admission and\n\nremoved, such alien established that he or she was not required to\n\nobtain such advance consent under this section or any prior statute.\n\nE. The arresting law enforcement agency shall collect all\n\navailable identifying information of the person including all\n\nfingerprints and any other applicable photographic and biometric\n\ndata to identify the person. Once obtained, the law enforcement\n\nagency shall cross-reference the collected information with:\n\n1. All relevant local, state, and federal criminal databases;\n\nand\n\n2. Federal lists or classifications used to identify a person\n\nas a threat or potential threat to national security.\n\nThe Oklahoma State Bureau of Investigation shall have the\n\nauthority to collect and maintain the identifying information\n\ncollected by law enforcement agencies pursuant to the provisions of\n\nthis subsection.\n\nF. It shall be an affirmative defense to prosecution under the\n\nprovisions of paragraphs 1 and 2 of subsection C of this section\n\nthat:\n\n1. The federal government has granted the defendant:\n\na. lawful presence in the United States, or\n\nb. asylum under Section 1158 of Title 8 of the United\n\nStates Code; or\n\n2. The defendant was approved for benefits under the federal\n\nDeferred Action for Childhood Arrivals program between June 15,\n\n2012, and July 16, 2021.\n\nG. Any person convicted of an offense pursuant to the\n\nprovisions of this section shall not be eligible for probation or\n\ndelayed sentencing.\n\nH. The Legislature finds that the presence of persons who are\nof Title 8 of the United\n\nStates Code; or\n\n2. The defendant was approved for benefits under the federal\n\nDeferred Action for Childhood Arrivals program between June 15,\n\n2012, and July 16, 2021.\n\nG. Any person convicted of an offense pursuant to the\n\nprovisions of this section shall not be eligible for probation or\n\ndelayed sentencing.\n\nH. The Legislature finds that the presence of persons who are\n\nunauthorized to be present within the State of Oklahoma is a matter\n\nof statewide concern. Therefore, the Legislature hereby occupies\n\nand preempts the entire field of legislation in this state regarding\n\nthe presence of persons who have entered and remained in this state\n\nwithout first having obtained the legal authorization to do so. Any\n\nmunicipality or other political subdivision of this state shall be\n\nprohibited from adopting any ordinance, regulation, resolution,\n\nrule, or policy that conflicts with the provisions of this act.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e20795a2a754f2b7c311aaea48ff6f3cfd3c91e96c477032ec0b89601f74d99d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1792","next":"us-ok/okla.-stat.-tit.-21-21-181"},"notice":"GroundRules: Original legal text. Not legal advice."}